A decorated officer of the United States Public Health Service (USPHS), with over three decades of distinguished service across multiple branches of the U.S. Armed Forces, has filed a federal lawsuit alleging that bureaucratic failures and unlawful actions within the Department of Health and Human Services unjustly derailed his career, denied him a well-earned promotion to the rank of Captain, and significantly reduced his retirement benefits.
The legal action, filed today in the U.S. District Court for the District of Columbia, seeks judicial review of the USPHS Board for Correction’s refusal to credit six months of volunteer hospice work toward the officer’s Training and Education (TED) credit, a critical factor in determining initial rank, career trajectory, and eligibility for timely promotion. Despite multiple requests dating back to 2005 and a detailed appeal filed in 2022, the Board rejected his application as “untimely” and unsupported, ignoring compelling new evidence and legal arguments. His reconsideration request was also summarily denied in less than 24 hours by a contractor who lacked legal authority to issue such a decision.
“This is a case of clear legal error compounded by procedural miscues,” said Dylan Thayer, lead counsel from the Law Offices of David P. Sheldon, PLLC, based in Washington, D.C. “Our client was misinformed by USPHS officials at the time of his recommissioning. Because of that bad advice, he was brought in at too low a rank, which permanently altered his promotion timeline and ultimately cost him a Captain’s commission. To make matters worse, the agency then ignored its own precedent, denied reconsideration through improper channels, and turned a blind eye to its own regulations.”
The plaintiff, who served in the Navy, Army National Guard, and USPHS, had consistently received superior performance evaluations and was nominated for commendations, including for his role in responding to the COVID-19 pandemic. His lawsuit cites violations of federal administrative law, including the Administrative Procedure Act (5 U.S.C. § 706), and challenges the Board’s refusal to even consider the similarities between his case and a prior Board ruling (PHS BCMR Case No. 18-005) in which another officer was granted full TED credit under nearly identical circumstances.
“This isn’t just about one officer’s career,” Thayer emphasized. “It’s about ensuring that our federal service members are treated fairly, that their records reflect their actual contributions, and that agencies follow the law instead of arbitrarily denying benefits based on flawed or biased processes.”
If successful, the case could result in the officer’s record being corrected to reflect the higher TED credit, a retroactive promotion to Captain, and significant backpay and increased retirement benefits. The implications may also extend to other current and former USPHS officers who were misadvised or administratively mishandled.
About the Law Offices of David P. Sheldon, PLLC
Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a nationally recognized law firm specializing in military and federal employment law. The firm represents service members, veterans, and federal employees in matters involving military justice, promotions, disability and retirement benefits, and wrongful termination.
Disclaimer
This press release is issued by the Law Offices of David P. Sheldon, PLLC, and is intended for informational purposes only. It does not constitute legal advice or establish an attorney-client relationship.
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